INEVITABLE DISCOVERY EXCEPTION TO THE CONSTITUTIONAL EXCLUSIONARY RULES

• NCJ Number: 16103
• Journal: Columbia Law Review Volume: 74 Issue: 1 Dated: (JANUARY 1974) Pages: 88-103
• Author(s): H S NOVIKOFF
• Date Published: 1974
• Length: 16 pages
• Corporate Author: Columbia University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS PRINCIPLE ALLOWS THE ADMISSION OF ILLEGALLY OBTAINED EVIDENCE WHEN THE SAME EVIDENCE WOULD HAVE EVENTUALLY BEEN SECURED THROUGH LEGAL MEANS.

Abstract

THIS ARTICLE EXAMINES THE DEVELOPMENT OF THE 'INEVITABLE DISCOVERY' EXCEPTION AND ANALYZES THE SITUATIONS IN WHICH IT HAS BEEN APPLIED. JUDICIAL DECISIONS IN CASES INVOLVING ROUTINE POLICE INVESTIGATORY PROCEDURE, INVESTIGATIONS PROMPTED BY ILLEGALLY SECURED INFORMATION, INEVITABLE DISCOVERY IN A SEARCH SITUATION, DISCOVERY OF BODIES, AND INEVITABLE DISCOVERY DURING TRIAL ARE CITED. THE USE OF THE EXCEPTION IS ALSO EVALUATED IN TERMS OF ITS CONSISTENCY WITH THE POLICE CONSIDERATIONS UNDERLYING THE EXCLUSIONARY RULE.